Party Wall Act 1996 Advice please

[Basecoat]

Hi All

I would like advice regarding party wall act 1996. My neighbour submitted a planning application for:

Ground floor rear Shower Room/ Toilet
Front Porch
Demolish existing garage/ rebuild new garage at back.

I raised my concern the big gap its going to leave between current fence and the new garage. The garage joins my shed. The council wrote to neighbour asking for clarification as to what is proposed for the gap as its not made clear on the plans.

The neighbour told me yesterday. I spoke to the person dealing with planning at council. To my amazement I was told that the permission is given for the two builds and as for the gap issue it is nothing to with planning. In response to planning application I told them that the existing fence is a god send and that the gap should be filled with exact same fence.

The neighbour suggested that he wants a high wall to fill the gap which I don't quite agree with. I have come across party act 1996 which clearly states that a notice of intention should be served before the work commences. By the sound of things there is no notice of intention forth coming and I feel the decision at council has been influenced.

I think this is not right at all. The council should have at least made the neighbour aware of the party wall act 1996. I have seen neighbourly disputes over party walls and party fences.

 

[tony1851]

You believe the PWA applies, but you do not say why, and it is not clear one way or the other from your description.

The council is under no obligation to advise anyone of the requirements of the PWA. The works you describe may not have needed planning permission; are you confusing this with Building Regulations?

 

[mfarrow]

Go to the government's Planning Portal website and see what the rules state about adjacent buildings to boundaries in the 'interactive house'. You'll see a gap has been provided for a reason, to prevent the need for planning consent.

As to filling the gap left with a fence or wall, is maintenance of the boundary mentioned on either deeds at all?

 

[Basecoat]

You believe the PWA applies, but you do not say why, and it is not clear one way or the other from your description.

The council is under no obligation to advise anyone of the requirements of the PWA. The works you describe may not have needed planning permission; are you confusing this with Building Regulations?

Thanks for your response. I have been on planning portal site. It clearly states that if a wall is constructed then neighbour has to be notified. A notice of intention has to be served before work commences. It does not apply for timber fence.

Because the person in council told me that it is not a planning matter either way. I think he should make the neighbour aware of PWA should he decide to construct a wall instead of fence. Am I right or wrong.

 

[Bouba]

If he is building on his land and foundations are not deeper than yours,then no party wall notice.

 

[dishman]

It sounds like he is building a wall up to or on the boundary line.

Is this wall part of the new garage? Or is this wall a stand alone wall replacing the fence?

Either way, if they want to build on the boundary line (astride) then they would need to send you a party wall notice (Section1 Line of junction notice). This would need to be served at least one month before work begins. However, a party wall notice can be very expensive for your neighbour (I will come to that later).

This party wall notice is rarely used as people usually set the wall back by a small amount. If the wall is wholly on your neighbours land, even by a small amount, then no notice is required and their wall would be permitted. But if it is on the boundary line replacing a boundary fence, then a notice is required.

If you know for certain that the fence is not on his land already and therefore definitely a boundary fence, then a notice is required. Your deeds may help identify the location of the boundary line.

Another thing to be aware of is overhang. If this wall is part of the garage, you need to check if there is any gutter or eave overhang. If there is any, this is not allowed to overhang the boundary line without your permission. Any overhang is not a good idea and should not be allowed. This would force the structure to be set-back anyway (depending on the type of construction) ensuring the wall is on their land.

If you can clarify the situation, based on what I have stated above, this situation may be clearer.

 

[ree]

Some excellent advice above.

FWIW: what might also be relevant is the possibility of any undermining of your land or any structures on that land eg. their work causing land slip or erosion or de-stabilising of any fences or sheds or trees, and, most particularly, the foundations to your property (there are formulas to determine dimensions and angles).

Trenching near structures, irrespective of boundaries, can be a whole other ball game.

 

[dishman]

@ree

That concern would only instigate a Section 6 Party Wall Notice - Notice of Adjacent Construction if the planned structure was within 3 metres of the OPs property AND the new foundations for that structure were to a depth lower than the OPs foundations.

There is a 6 metre rule but that is for a differant type of foundation I think.


Actually, thinking about it......it depends on what type of garage the OP has, does thier garage actually have foundations?

It also depends on (as I said previously) what the new wall will be. Part of the garage or a stand alone wall? It also depends on how deep the new foundations for either of these walls will be as to whether a Section 6 notice is needed as I originally stated.